Terms of Service

These Terms of Service (“Terms”) govern the agreement between Pocketnote (ABN 91 693 195 836) (“Pocketnote”, “we”, “us”, “our”) and the parent or guardian (“you”, “Client”) who engages our tutoring services. By accessing your account or completing your payment setup, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree, do not use our services.

1. About Pocketnote

Solstice Endeavours Pty Limited trading as Pocketnote (ACN 693 195 836) is a tutoring services company registered in New South Wales, Australia. We provide tutoring and mentoring services to students through a network of independent subcontractor tutors. We are the service provider; you engage us directly for tutoring services.

Our tutors are independent subcontractors engaged by Pocketnote. They are not employees of Pocketnote, nor do they contract directly with you.

2. Definitions

“Client” means the parent or guardian who accesses an account and engages Pocketnote for tutoring services.

“Student” means the person who will receive tutoring and/or mentoring services, as nominated by the Client.

“Session” means a single tutoring or mentoring session booked through the Pocketnote.

“Casual Session” means a one-off session booked without a recurring subscription.

“Subscription” means a recurring weekly or fortnightly session booking as described in clause 5.

“Subscription Period” means the period from the date of commencement to 31 December of the same calendar year, during which a Subscription is active.

“School Term” means a school term as defined by the relevant state or territory education authority applicable to the Student’s year level and location.

“School Holidays” means the periods between School Terms as defined by the relevant state or territory education authority.

“Makeup Session Credit” means an entitlement to one substitute session, issued in the circumstances described in clause 8.

“Platform” means the Pocketnote website, application, and booking system at www.pocketnote.com.au and https://portal.pocketnote.com.au

3. Eligibility and Account Registration

You must be at least 18 years of age and have legal capacity to enter into a binding agreement to engage our services.

Accounts are created by Pocketnote on your behalf following an initial enquiry and verbal agreement to proceed. You will receive a welcome email containing a link to access your account in the Pocketnote parent portal.

As part of onboarding, Pocketnote will send you a secure, Stripe-hosted link to register your payment method. By completing the payment setup via that link, you authorise Pocketnote to charge your nominated payment method for sessions in accordance with these Terms, and you confirm your agreement to these Terms.

You are responsible for maintaining the security of your account credentials and for ensuring your contact details and payment information remain current and accurate.

By accessing your account or completing your payment setup, you confirm that you are the parent or legal guardian of the Student, or that you have authority to engage tutoring services on their behalf.

4. Our Services

4.1 Service Description

Pocketnote provides tutoring services across a range of subjects and year levels, including primary school, secondary school, and university-level tutoring. Sessions are conducted by subcontractor tutors assigned by Pocketnote.

Sessions are delivered either in-home (in-person at the Client’s nominated address) or online via a digital platform, as agreed at the time of booking. The session format will be confirmed in your booking details. Different rates apply to in-home and online sessions; applicable pricing will be confirmed at the time of booking.

4.2 Tutor Assignment

Pocketnote will assign a tutor to your Student based on subject requirements, year level, availability, and tutor qualifications. While we endeavour to accommodate preferences, we do not guarantee the assignment of any specific tutor.

Pocketnote reserves the right to reassign a tutor at any time. Where a reassignment occurs, we will notify you as soon as reasonably practicable and, where operationally feasible, provide you with reasonable notice.

4.3 Satisfaction Guarantee (First Session)

For new Clients engaging Pocketnote for the first time, we offer the following satisfaction guarantee in respect of the first Session only:

  • Following your first Session, a Pocketnote representative will contact you to discuss how the Session went and to confirm whether you wish to continue with the assigned tutor.
  • If you confirm you wish to continue, payment for the first Session will be processed within 24 hours of that confirmation.
  • If you are not satisfied and do not wish to continue, no payment will be processed for the first Session, and we will work with you to either assign a different tutor or, discontinue the engagement at no cost.
  • If Pocketnote is unable to reach you within 48 hours of the conclusion of the first Session, payment will be processed as if confirmation had been given. It is your responsibility to ensure your contact details are current and that you are available to receive our follow-up call or communication.

The satisfaction guarantee applies to the first Session per Client only and does not apply to subsequent sessions.

5. Booking and Payment

5.1 Casual Sessions

A Casual Session is a single, one-off session booked without a recurring subscription commitment.

Prior to your first Casual Session, Pocketnote will send you a secure, Stripe-hosted link to register your payment method. No payment is taken at this step. By completing the payment setup via that link, you authorise Pocketnote to charge your nominated payment method for Casual Sessions in accordance with these Terms.

Payment for a Casual Session will be initiated by Pocketnote within 24 hours of the conclusion of the Session (subject to clause 4.3 for first Sessions). Payment is processed as a one-time charge to your nominated payment method on file.

You are responsible for ensuring your nominated payment method remains valid and has sufficient funds at the time of charge.

5.2 Subscription Sessions

A Subscription provides a recurring weekly or fortnightly tutoring session at a discounted rate compared to Casual Session pricing. Applicable subscription pricing will be confirmed at the time of booking.

Prior to your first Subscription session, Pocketnote will send you a secure, Stripe-hosted link to register your payment method. No payment is taken at this step. By completing the payment setup via that link, you authorise Pocketnote to charge your nominated payment method on a recurring basis for each scheduled session during the Subscription Period, in accordance with these Terms.

By entering into a Subscription, you agree to:

  • A minimum commitment of five (5) sessions before you are entitled to cancel the Subscription (“Minimum Commitment Period“).
  • Recurring charges being processed automatically to your nominated payment method on a weekly or fortnightly basis (as applicable), aligned to your scheduled session, for the duration of the Subscription Period.
  • Providing at least 14 days written notice to cancel the Subscription after the Minimum Commitment Period has been satisfied, in accordance with clause 6.

All Subscriptions run until 31 December of the calendar year in which they commence (“Subscription Period“). Subscriptions do not automatically renew. Prior to the end of the Subscription Period, Pocketnote will contact you to discuss your requirements for the following year and offer you the opportunity to re-enrol.

Payment for each Subscription session will be processed within 24 hours of the conclusion of that session or on the nominated billing day (subject to clause 4.3 for first Sessions).

5.3 School Holiday Pause

Subscriptions automatically pause during School Holidays applicable to the Student’s year level and state or territory. No sessions are scheduled and no charges are made during a School Holiday pause. The Subscription Period end date is not extended to account for School Holiday weeks.

If you wish your sessions to continue through School Holidays without interruption, you must notify Pocketnote in writing prior to the commencement of the relevant School Holiday period. Where sessions continue through School Holidays, billing continues at the standard subscription rate.

5.4 Subscription Freeze

You may request to freeze your Subscription (pause sessions and billing) for a maximum of four (4) weeks per calendar year, outside of School Holiday periods. The following conditions apply:

  • A minimum of 7 days written notice is required to initiate a freeze.
  • No sessions will be scheduled and no charges will be made during an approved freeze period.
  • Freeze weeks are omitted from the Subscription Period; the end date is not extended.
  • Freeze entitlement resets on 1 January each calendar year and cannot be carried forward.

To request a freeze, contact Pocketnote in writing at [email protected] with your requested freeze dates.

5.5 Payment Method

Pocketnote accepts payment by credit card and debit card only. Payment is processed securely through Stripe, our third-party payment processor. Your payment details are entered directly into a Stripe-hosted page; Pocketnote does not collect or store your card details. All payment data is held by Stripe in accordance with their privacy and security practices.

Your payment method is registered prior to your first session via a secure link sent to you by Pocketnote. This registration covers all subsequent sessions (both Casual and Subscription) unless you update your payment method.

You are responsible for ensuring your nominated payment method remains valid and has sufficient funds at the time each charge is initiated. If a payment fails, Pocketnote will notify you and may suspend your bookings until payment is resolved. If you cannot be contacted within 48 hours, payment will be automatically reattempted.

5.6 Pricing

Session pricing varies based on tutor qualifications, subject, year level, duration and session format (in-home or online). The applicable fee will be confirmed to you prior to booking confirmation. Pocketnote reserves the right to adjust pricing from time to time. Any pricing change will be communicated to you with reasonable notice prior to taking effect for your existing bookings.

6. Cancellation Policy

6.1 Cancelling a Casual Session

You may cancel a Casual Session without charge provided you give at least 24 hours notice prior to the scheduled start time of the Session.

If you cancel a Casual Session with less than 24 hours notice, or fail to attend without notice, the full session fee will be charged, unless Pocketnote determines otherwise at its sole discretion.

6.2 Cancelling an Individual Session within a Subscription

If you cancel an individual session within your Subscription with at least 24 hours notice prior to the scheduled start time, the session fee will still be charged and you will receive one Makeup Session Credit, subject to the limitations in clause 8.

If you cancel an individual session with less than 24 hours notice, or fail to attend without notice, the session fee will be charged and no Makeup Session Credit will be issued, unless Pocketnote determines otherwise at its sole discretion.

6.3 Cancelling a Subscription

You may cancel your Subscription at any time after the Minimum Commitment Period of five (5) sessions has been completed, by providing at least 14 days written notice to Pocketnote.

Written notice must be sent to [email protected] with the subject line “Subscription Cancellation – [Your Name]”.

Sessions scheduled and payable within the 14-day notice period will remain payable. Pocketnote will not charge for sessions scheduled to occur after the cancellation takes effect.

You may not cancel a Subscription prior to the completion of the Minimum Commitment Period except where Pocketnote agrees in writing, or where your cancellation rights arise under applicable law (including the Australian Consumer Law).

Failure to give 14 days notice OR cancelling during subscription period

All Subscriptions automatically end on 31 December of the Subscription Period regardless of cancellation notice. No further action is required from you to end a Subscription at the close of the Subscription Period.

7. Refund Policy

Subject to your rights under the Australian Consumer Law, Pocketnote’s refund policy is as follows:

  • Sessions cancelled in accordance with clause 6 (i.e. with sufficient notice) will not be charged, and no refund is applicable.
  • Sessions cancelled with less than 24 hours notice or not attended will be charged in full and are not eligible for a refund, except at Pocketnote’s discretion.
  • Where Pocketnote or the tutor cancels a scheduled Session, you will be offered an alternative session time. If a suitable alternative session time is not available, you will be offered a Makeup Session Credit in accordance with clause 8 or no payment will be taken.  
  • The first Session satisfaction guarantee is governed by clause 4.3. No payment is taken where the Client is not satisfied, so no refund process applies.
  • Where you have been charged in error, please contact us at [email protected] and we will investigate and, where appropriate, issue a refund promptly.

Nothing in these Terms limits your rights under the Australian Consumer Law, including any applicable consumer guarantees.

8. Makeup Session Credits

8.1 Entitlement

A Makeup Session Credit will be issued in the following circumstances:

  • You cancel an individual session within a Subscription with at least 24 hours notice prior to the scheduled start time (session fee still charged — see clause 6.2).
  • The tutor cancels or is unable to attend a scheduled Session, unless Pocketnote arranges a suitable replacement tutor or alternative time for that Session with your agreement. No session fee is charged in this circumstance.

8.2 Credit Cap

You may hold a maximum of two (2) Makeup Session Credits at any time. If you are entitled to a further Makeup Session Credit but have already reached the maximum of two (2), the additional credit is forfeited. Your existing credits are not affected.

8.3 Expiry

Each Makeup Session Credit expires 10 weeks from the date of the cancelled session that gave rise to it. Expired credits are forfeited and cannot be redeemed or extended, unless Pocketnote determines otherwise at its sole discretion.

8.4 Scheduling

To redeem a Makeup Session Credit, contact Pocketnote at [email protected]. Makeup Sessions will be scheduled by Pocketnote in consultation with you, subject to tutor and scheduling availability. Pocketnote will endeavour to schedule Makeup Sessions at a mutually convenient time within the credit validity period.

8.5 Tutor-Initiated Cancellations

Where a tutor cancels a scheduled Session, Pocketnote will contact you and offer you the choice of:

  • A Makeup Session Credit to be redeemed within 10 weeks; or
  • A replacement tutor for that Session, where sufficient notice has been given by the tutor to make this operationally feasible.

You will not be charged for a Session cancelled by the tutor.

9. Conduct and Responsibilities

9.1 Client Responsibilities

You agree to:

  • Ensure the Student attends scheduled Sessions on time and is prepared to participate.
  • For in-home sessions: provide a safe, appropriate, and accessible physical environment for the tutor to conduct the session. This includes ensuring the session takes place in a suitable room and that the tutor is not placed in an unsafe or inappropriate situation.
  • For online sessions: ensure the Student has access to a suitable device, a stable internet connection, and any required software or platform prior to the session start time.
  • Treat tutors and Pocketnote staff with respect at all times.
  • Notify Pocketnote promptly of any concerns regarding a tutor or session.
  • Keep your account and payment details current and accurate.

9.2 Acceptable Use

You must not use the Platform or our services in any manner that is unlawful, harmful, abusive, or that infringes the rights of any third party.

9.3 Child Safety

Pocketnote is committed to the safety and wellbeing of students. All tutors are required to comply with our Child Safety Policy. You agree to cooperate with Pocketnote’s child safety practices and to notify us immediately if you have any concerns regarding the safety or wellbeing of the Student.

10. Intellectual Property

All content, materials, and resources developed or provided by Pocketnote or its tutors in the course of delivering sessions remain the intellectual property of Pocketnote or the relevant tutor, as applicable. You may not reproduce, distribute, or commercialise any such materials without prior written consent.

Session notes or summaries provided to you following a session are licensed for your personal, non-commercial use only.

11. Privacy

Pocketnote collects and handles personal information in accordance with our Privacy Policy, available at www.pocketnote.com.au/privacy. By using our services, you consent to the collection and use of your personal information as described in that policy.

Personal information collected includes your name, contact details, payment information, and information about the Student (including year level and subject requirements). This information is used to deliver and improve our services, process payments, and communicate with you.

12. Limitation of Liability

12.1 Exclusion of Consequential Loss

To the maximum extent permitted by law, Pocketnote excludes all liability for indirect, consequential, special, or incidental loss or damage arising out of or in connection with these Terms or our services, including without limitation loss of educational opportunity, academic outcomes, or economic loss.

12.2 Cap on Liability

To the maximum extent permitted by law, Pocketnote’s total aggregate liability to you for any loss or damage arising out of or in connection with these Terms or our services (other than liability that cannot be excluded or limited by law) is capped at the total fees paid by you to Pocketnote in the current school Term in which the relevant loss or damage arose.

12.3 Personal Injury

Nothing in these Terms limits or excludes Pocketnote’s liability for death or personal injury caused by Pocketnote’s negligence, or any other liability that cannot be excluded or limited under applicable law, including under the Australian Consumer Law.

12.4 Australian Consumer Law

Our services come with consumer guarantees under the Australian Consumer Law that cannot be excluded. Nothing in these Terms is intended to limit or exclude those guarantees. Where permitted, Pocketnote’s liability for a failure to comply with a consumer guarantee is limited to re-supplying the relevant service or paying the cost of re-supply.

13. Dispute Resolution

If you have a complaint or dispute arising out of or in connection with these Terms or our services, we encourage you to contact us in the first instance at [email protected] so that we can attempt to resolve the matter informally.

We will acknowledge your complaint within 2 business days and endeavour to resolve it within 14 business days of receipt.

If the dispute cannot be resolved informally within 30 days of the complaint being raised (or such longer period as agreed in writing), either party may pursue resolution through the appropriate tribunal or court of competent jurisdiction in New South Wales.

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court where appropriate.

14. Amendments

Pocketnote may amend these Terms from time to time. Where we make a material change, we will notify you by email at least 14 days before the change takes effect, where operationally feasible. Your continued use of our services following notification of a material change constitutes your acceptance of the amended Terms.

Non-material amendments (such as corrections to typographical errors or clarifications that do not affect your rights) may take effect immediately upon publication to the Platform.

15. General

15.1 Governing Law

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

15.2 Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

15.3 Entire Agreement

These Terms, together with our Privacy Policy and any booking confirmation provided to you, constitute the entire agreement between you and Pocketnote with respect to our services and supersede all prior representations, agreements, or understandings.

15.4 No Waiver

A failure or delay by Pocketnote to exercise any right under these Terms does not constitute a waiver of that right.

15.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without Pocketnote’s prior written consent. Pocketnote may assign its rights and obligations under these Terms to a related entity or successor without your consent.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Website: www.pocketnote.com.au/contact

By completing your payment setup or accessing your account, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.